PEOPLE EX REL. BURNS v. OSWALD


32 A.D.2d 558 (1969)

The People of the State of New York ex rel. Perry Burns, Appellant, v. Russell G. Oswald, as Commissioner of New York Division of Parole, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 21, 1969


Judgment affirmed, without costs.

The application at bar sought to compel the Division of Parole to amend its records by giving appellant credit against a sentence to State prison for certain time during which he was confined in New York City prisons. It was made pursuant to article 78 of the CPLR and was in the nature of mandamus. Special Term treated it as a habeas corpus proceeding in both its decision and judgment. The proceeding was properly brought under article...

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